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Updated over 6 years ago on . Most recent reply
California. No move out inspection opportunity
Hi.
I'll keep the details short with bullet points:
- Our stove stopped working and my landlord refused to fix it. At this point we decided we wanted to move then have to deal with this person
- I gave 30 day notice and asked for a move out inspection.
- Was told it was no problem and that we would do it AFTER I moved out. I said this was fine.
- The week after I moved out I tried twice to schedule the inspection. On the third call I finally reached the landlord who told me he already has contractors doing the work and he was taking a potion of my deposit.
- I clearly was denied my right to fix the issues with the apartment as stated in Cal Civil Code 1950.5
What legal recourse do I have here? Can anyone will Calif experience tell him if the inspection must happen BEFORE the move out date? Ive had a 5 year and very informal relationship with this landlord so no written records were kept.
Most Popular Reply

@Account Closed, Once a tenant gives a 30 day notice, the landlord should inform the tenant of the right to a have a pre-move out inspection appointment, which can be up to 14 days before day of move out. Tenants can choose to decline it. The pre-moveout inspection is an opportunity for the landlord to list any items (beyond normal wear and tear, ie holes in the wall, stained carpeting, broken blinds, missing or cracked switch plate covers, etc.) that must be repaired or cleaned prior to move out. A landlord can choose to meet with the tenant for the final move out inspection, but most landlords and property managers prefer to do the final move out check on their own. For this reason, I recommend tenants not only take pictures of the property before they move in but also after they move out.
Most disputes between tenants and landlords occur due to disagreements with deposit returns. Even if the landlord started the repairs, it is landlord's responsibility to document and provide copies of receipts, invoices of work done to restore unit to pre-move in status. If you disagree with the landlord's return amount, you can take it to small claims court. In California, the landlord needs to return your deposit minus expenses within 21 days.
I would recommend any future relationships you have with a landlord be formal and any communication regarding repair requests, lease terms/agreements, etc be in writing. You can find out more about your tenant rights by looking up tenant/landlord rights with the California Department of Consumer Affairs.
Good luck!